Garrett v. Combs

1. The exception taken to the refusal of the trial judge to strike the plea of the defendant is controlled hy the ruling made by this court in Southern Express Co. v. Chero-Cola Bot. Co., 24 Ga. App. 189 (100 S. E. 289); s. c. 150 Ga. 430 (104 S. E. 233). Under the facts of this case, which are similar to those there stated, the court did not err in the refusal to strike.

2. Where a fi. fa. is levied on personal property sufficient to pay the debt, and a forthcoming bond with security is given by the defendant in fi. fa., and where upon a claim being filed to the property the plaintiff in fi.…